Toler v. Toler

CULPEPPER, Judge.

This is a suit for the dissolution of a sale of immovable property on the grounds that the buyer has not paid the purchase price. The plaintiff is Mrs. Alice Voltz Toler, who sold the property in 1963 to her son, Dr. William P. Toler. The defendants are (1) Dr. Toler, (2) the heirs of his deceased wife, who inherited her community interest in the property, and (3) Leon S. Haas, Jr., administrator of the estate of the deceased wife. The district judge sustained defendants’ exception of liberative prescription of ten years, on the grounds that this was a credit sale, the first…